BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

ORANGE AIR, LLC ) DOCKET DOT-OST-2011- 

 ) 

for a Certificate of Public Convenience ) 

and Necessity (Foreign Passenger ) 

Charter Service) ) 

_________________________________________ ) 

APPLICATION OF ORANGE AIR, LLC 

 FOR A CERTIFICATE OF 

PUBLIC CONVENIENCE AND NECESSITY

Communications with respect to this document should be sent to: 

John R. Mietus, Jr. 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 - Telephone 

(240) 396-5362 - Fax 

john@mietuslaw.com 

Counsel for ORANGE AIR, LLC 

APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESSED 

THROUGH EXPEDITED, NON-HEARING PROCEDURES PURSUANT TO 

SUBPART B OF THE DEPARTMENT’S PROCEDURAL REGULATIONS. 

NOTICE: Any person may support or oppose this application by filing an 

answer no later than April 22, 2011 and serving a copy of the answer on 

counsel for Applicant and upon persons served with this application. 

 

April 1, 2011
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

ORANGE AIR, LLC ) DOCKET DOT-OST-2011- 

 ) April 1, 2011 

for a Certificate of Public Convenience ) 

and Necessity (Foreign Passenger ) 

Charter Service) ) 

_________________________________________ ) 

APPLICATION OF ORANGE AIR, LLC 

 FOR A CERTIFICATE OF 

PUBLIC CONVENIENCE AND NECESSITY

 Pursuant to 49 U.S.C. § 41102 and subpart B of the Department’s 

Procedural Regulations, Orange Air, LLC ("Orange Air") respectfully applies 

for a certificate of public convenience and necessity authorizing Orange Air to 

engage in foreign charter air transportation of persons, property, and mail 

between any place in the United States and any place outside thereof. As 

Orange Air wishes to begin passenger operations in both domestic and 

foreign markets late in 2011, it requests that the Department process this 

application expeditiously, using written submissions and simplified, nonhearing procedures as contemplated by sections 302.207 and 302.210(a)(2) of 

the Procedural Regulations, and proceed directly to a final order granting the 
Orange Air 

Foreign Certificate Application 

Page 2 

requested certificate.1 In support of this Application, Orange Air states as 

follows: 

 1. Simultaneously with this Application, Orange Air has applied for a 

certificate authorizing it to engage in interstate charter air transportation of 

persons, property, and mail. Orange Air has provided detailed citizenship 

and fitness information in that Application and its Exhibits and Confidential 

Exhibits, and pursuant to 14 C.F.R. § 204.3, Orange Air hereby incorporates 

that material by reference in this Application. 

 

 2. As discussed in detail in the companion application, Orange Air is a 

U.S. citizen and has the financial strength to insure its ability to operate 

passenger charters, and its senior management has the necessary business 

expertise and technical ability to operate international passenger flights. 

 3. Orange Air wishes to make MD-80 series aircraft service available 

to charterers either in foreign or domestic U.S. markets. While this flexibility 

requires additional economic authority from the Department, foreign 

operations of the same type and with the same aircraft will not require any 

 

1/ Orange Air recognizes that the final order will undergo Presidential review under 49 

U.S.C. § 41307, and it asks that the Department facilitate the prompt completion of 

that review. 
Orange Air 

Foreign Certificate Application 

Page 3 

material changes to Orange Air's business systems, finances, or 

management.2

 4. The foreign charter air transportation Orange Air proposes is 

consistent with the public convenience and necessity as required by 49 U.S.C. 

§ 41102(b)(2). The Department continues to recognize the Civil Aeronautics 

Board’s finding in Order 78-7-106, The Former Large Irregular Air Service 

Investigation, that there is a continuing demand and need for additional 

charter air carriers. See, e.g., Atlas Air, Inc., Order 2010-5-24, at 1 n.1. 

Moreover, grant of the requested certificate authority is in the public interest, 

as it will allow Orange Air to offer charterers new price and service options 

for international passenger transportation. 

 

2/ Nor will substitution of foreign service for forecast domestic service cause any change 

in its net fuel consumption, and Orange Air has determined that adequate fuel is 

available for this service. To the extent the Department nonetheless concludes that 

grant of the requested authority would constitute a major regulatory action, Orange 

Air requests that the Department waive the requirement that an Energy Statement 

under 14 C.F.R. Part 313 be prepared.